The Antimonopoly Committee of Ukraine (AMCU) has made the judicial claim about collecting with “Gazprom” 3 billion dollars. This became known from the words of the head of Committee Yury Terentyev.
— The decision of the Antimonopoly Committee on the penalty to “Gazprom” to be executed. If the decision is not executed voluntarily, it will appeal to the court, ” said Mr. Terentyev.
In March of this year, Ukrainian officials suggested that the Russian gas giant will not pay Ukraine the penalty (then mentioned 3.4 billion dollars — this amount is the AMC was put up to the concern in January this year), and would appeal the decision.
Previously, AMC was trying to fine “Gazprom” 85,86 billion hryvnia ($3.2 billion) for “abuse of monopoly position on the market of transit of gas.” The measure imposed by the Ukrainian Ministry stressed on condition that the payment of the fine, Gazprom was given a deadline until 12 April.
Representatives of “Gazprom” just wondered, why exhibited this fine as the company carries on business in the territory of Ukraine, but only reports the NJSC “Naftogaz of Ukraine” gas on the Western border of the Russian Federation.
Apparently, the Charter in the spring to make “strict” orders, the Ukrainian side decided to materialize the principle “the best defense is a good offense”. To date, a few months after the penalty verdict, the head of the Ukrainian antitrust authorities, apparently, only used the techniques of verbal intervention, but the specific date of the filing of the lawsuit did not name. He assured that the claim will be sent immediately after Gazprom “will exhaust all the legal possibilities to appeal the fine.”
Thus g-n Terentyev added pointedly that “forced recovery of above mentioned sum will have difficulty”. And explained the reason of this circumstance, exhibiting a good knowledge of the geography, “because all of the assets of Gazprom located outside of Ukraine.”
…In July 2016, the Supreme economic court of Ukraine dismissed the appeal of “Gazprom” the decision of the Antimonopoly Committee of the country which issued the decision fined the Russian supplier of gas to 86 billion hryvnia (equivalent and over $ 3 billion.
For the very same so-called investigation into the activities of the Russian gas company the Antimonopoly Committee of Ukraine took last year. Penalty for the work of “Gazprom” in the period of 2009 to November of 2015.
The nature of the violation, in the opinion of the AMC, is the omission of Gazprom in ensuring gas transit through the territory of Ukraine “on reasonable terms”. What is the “reasonable terms”, is anyone’s guess. In the end the Committee came to a very original and stunning in its unproven conclusion that a monopoly position “Gazprom” has led to infringement of interests of “Naftogaz of Ukraine”.
Moreover, “Gazprom” was to pay a fine in April of this year. However, the Russian gas company has managed to challenge this decision in the Ukrainian courts.
…The first anti-monopoly nitpicking to Gazprom from the EU was announced a year and a half ago. Ukraine rushed “herd” to support Estonia, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Hungary and Bulgaria.
In Brussels similarly articulated claims: Gazprom dominates in these markets and is abusing it.” In proof of this cited the key argument: concern limits, clients of the possibility of resale of fuel,” and that, in the opinion of pedants, the EU, violates the principles of free gas trade in the European economic area.
In Kiev, learning about the EU’s reaction, happily made a calculation of possible losses of the Russian company because of lawsuits. The amount drawn rather big — nearly 10 billion euros. It so happened that just on the same day in Brussels gave their assessment of the work of “Gazprom”, the government of Ukraine also finished the study of materials on the company (although informed about it in Kiev was not pronounced in a word). The basis for this was supposedly a report made by the two Ukrainian ministries of justice and energy. Then Prime Minister Arseniy Yatsenyuk actually gave the command “FAS” to “Gazprom”, which was again formulated in Kiev, operates in a “discriminatory, in fact a non-competitive environment and causes damage to the Ukrainian economy.”
— Except as yet another provocative statement of the head of the Antimonopoly Committee of Ukraine can not be named — saidthe representative of the expert Council of the Union of Industrialists of Russia Eldar Kasaev.
— Once we have moved the business on the European track related lines that we want to run in the future and “reset” so the transit through Ukraine, once again very nervous in Kiev. As we know, this month held its most important meeting in St. Petersburg between the presidents of Russia and Turkey, in October 2016, the planned signing of the intergovernmental agreement. This project will acquire the legal framework and its implementation will not be far off. With the Nord stream-2, the situation is certainly not so favorable. But, nevertheless, Russia stands firm on his line in this project, despite claims of the Antimonopoly regulator of Poland.
Ukraine is against this background, taking steps that are contrary to elementary economic considerations, and common sense, not understanding the situation on the gas market.
“SP”: – Maybe the reason is not oil and gas credits and payments, and banal desire even with someone “rip off” money to bring them to the Treasury, when the Ukrainian economy just collapses?
— I would not be surprised if after Terentyev’s statement was made some Ukrainian official said Ukraine, Russia has to pay transit the transportation of gas and for the “Turkish stream” and “North”.
“SP”: — What Russia expect after the head of the Antimonopoly Committee of a neighboring country?
— I believe that Kiev is now also yells a bit, but then calm down, illustrating the proverb “the Dog barks, the caravan moves on.” Most importantly, we must not forget that Gazprom fulfills all its obligations as a reliable supplier in the eyes of Europe, and we continue to implement all previous agreements on transit transportation fuel.
— We are dealing with “chronic” paradoxical position of the Ukrainian leadership — expresses the point of view of the political scientist, the Deputy Director General of the Center for political information Anna Luneva.
— Moreover, this applies not only Poroshenko. Remember, such demarches when Ukraine constantly demands something from Russia, was consistently observed in Yanukovychand Kuchma, and Kravchuk: “Russia must, but Ukraine did not do.” The wording of the claims which now makes the Ukrainian side to Gazprom and Russia as a whole, is absurd: how can you consider the damage of “Naftogaz” because of the “dominant position” of “Gazprom”, when it is only on the transit of Russian (not Ukrainian!) the gas which is the same “Gazprom” leads to Europe via Ukraine.
The fact that the head of the Ukrainian anti-monopolists, Mr. Terentiev said in advance that to receive “compensation” for their losses in three billion will be difficult due to location of the assets of Gazprom outside the “square”, there is nothing like a propaganda move, and clumsy, — the justification before the Ukrainian public of the notorious failure of their claims. Because it is unlikely Ukraine will be able to win a lawsuit that they intend to sue “Gazprom” in the European courts, trying to find a legal basis to seize the property of the gas concern in European countries.
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